When the At-Fault Driver's Insurance Card Has Expired

Attorney Answer

An expired card does not prove there is no coverage — cards expire while policies renew — so the first job is finding out what was actually in force that day, and the second is opening your own policy as a parallel route rather than waiting on his.

Texas did not ask that driver for a card. Tex. Transp. Code § 550.023 required the operator of a vehicle involved in a collision resulting in injury or in damage to a vehicle driven or attended by a person to give his name and address, the registration number of the vehicle he was driving, and the name of his motor vehicle liability insurer to the other driver, and, if requested and available, to show his driver's license. The name of the insurer is the item that matters. If the card in your hand is stale, the crash report may carry the current carrier, because that is what the responding officer collects.

Behind that sits the requirement itself. Tex. Transp. Code § 601.051 provides that a person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle, through a complying liability policy, a surety bond, a deposit, or self-insurance. Under § 601.072(a-1) the minimum liability coverage is $30,000 for bodily injury to or death of one person in one collision, $60,000 for two or more persons, and $25,000 for damage to or destruction of the property of others in one collision. Operating without financial responsibility is an offense under § 601.191(a). None of that pays your repair bill by itself, but it tells you the size of the pocket you are aiming at if there is a policy.

If it turns out he really had nothing, your own policy is where the money is. Tex. Ins. Code § 1952.101 provides that an insurer may not deliver or issue an automobile liability policy in this state unless it provides uninsured or underinsured motorist coverage in or supplemental to the policy, and that the requirement does not apply if a named insured rejected the coverage in writing. Unless someone on your policy signed that rejection, the coverage should be there. Ask your insurer in writing whether your uninsured motorist coverage reaches property damage, what deductible applies to it, and whether collision coverage would pay you sooner.

One expectation to set now. If you press the other driver's insurer directly and it stalls, Texas gives you less leverage than people assume. Tex. Ins. Code § 541.060(a) lists unfair settlement practices, but § 541.060(b) says: "Subsection (a) does not provide a cause of action to a third party asserting one or more claims against an insured covered under a liability insurance policy." Your pressure comes from the claim against the driver himself, not from that statute.

What you can do

1. Request the crash report from the agency that responded, and read the insurance information listed for the other driver.

2. Call the company named on the expired card, give the policy number from it, and ask it to confirm whether coverage for that driver and that vehicle was in force on the date of the collision.

3. Photograph the card, front and back, and keep it with the information you exchanged.

4. Call your own insurer and open a claim. Ask specifically about collision coverage and about uninsured motorist property damage.

5. Get two written repair estimates and keep every receipt for a rental or other transportation.

6. Ask a Texas attorney about a claim directly against the driver if no policy turns up — that is a real option, and whether it is worth pursuing depends on facts a lawyer can assess quickly.

7. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) requires suit for injury to property to be brought not later than two years after the day the cause of action accrues. A claim on your own uninsured motorist coverage is a policy claim and can carry its own, shorter requirements written into the policy. Which clock governs, and when it started, depends on your facts — have a Texas attorney confirm the dates rather than counting from the day of the crash.